LAWS(ALL)-1981-9-63

RAJ NARAIN Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On September 30, 1981
RAJ NARAIN Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) :-

(2.) THIS petition under Article 226 of the Constitution is directed against the orders dated 12th January, 1977 and 8th July, 1977 passed by the Deputy Director of Consolidation, opposite party no. 1, in proceedings under Section 48, sub-clause (3), of the U. P. C. H. Act, hereinafter referred to as the Act.

(3.) IT is not disputed that the chak road was provided in between the chaks of petitioners. This chak road was used by the petitioners for carrying their bullocks and bullock-carts etc. to their chak land. This chak road was also used for the said purpose by other tenure-holders whose chaks were situated on both the sides of the chak road in question ever since March 1970. They are certainly affected by the impugned orders converting the chak road into a nali. The petitioners have been materially prejudiced by the impugned orders as they have been deprived by the impugned orders the facility of chak road which they have been enjoying ever since allotment of chaks to tenure-holders. They are thus interested persons and being aggrieved by the orders they are entitled to seek quashing of those orders by this petition.